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Posted by: Karen Belcher on Aug 6, 2020

This appeal involves a conservatorship proceeding between two sisters with regard to their mother. The appealing sister argues that the trial court’s order was deficient in several respects and that the trial court abused its discretion in naming the other sister as conservator, rather than a public guardian. Discerning no abuse of discretion, we affirm.

Posted by: Karen Belcher on Aug 6, 2020

The Appellant appeals the entry of an order of protection that was entered against him. Because that order of protection has expired, we dismiss the appeal as moot.

Posted by: Karen Belcher on Aug 6, 2020

Appellant filed a detainer action against Appellee, seeking possession of commercial property. The lawsuit was premised on Appellant’s assertion that Appellee breached the commercial lease, under which it purportedly leased Appellant’s property. Appellee, however, is not a party to the lease. As such, the judgment for breach and for back rents entered against Appellee is of no force or effect. Vacated and remanded.

Posted by: Karen Belcher on Aug 6, 2020

We assumed jurisdiction over these appeals pursuant to Tennessee Code Annotated section 16-3-201(d)(1) (2009 & Supp. 2019) and Rule 48 of the Rules of the Tennessee Supreme Court and ordered expedited briefing and oral argument. The issue we must determine is whether the trial court properly issued a temporary injunction enjoining the State from enforcing its current construction of the eligibility requirements for absentee voting stated in Tennessee Code Annotated section 2-6-201(5)(C) and (D) (2014 & Supp. 2019). The injunction temporarily mandated the State to provide any eligible Tennessee voter, who applies to vote by mail in order to avoid transmission or contraction of COVID-19, an absentee ballot in upcoming elections during the pendency of pandemic circumstances. The injunction further mandated the State to implement the construction and application of Tennessee Code Annotated section 2-6-201(5)(C) and (D) that any qualified voter who determines it is impossible or unreasonable to vote in-person at a polling place due to the COVID-19 situation shall be eligible to check the box on the absentee ballot application that ‟the person is hospitalized, ill or physically disabled and because of such condition, the person is unable to appear at the person’s polling place on election day; or the person is a caretaker of a hospitalized, ill or physically disabled person,” and have that absentee voting request duly processed by the State in accordance with Tennessee law. At oral argument before this Court, the State conceded that, under its interpretation of Tennessee Code Annotated section 2-6-201(5)(C) and (D), persons who have underlying medical or health conditions which render them more susceptible to contracting COVID-19 or at greater risk should they contract it (“persons with special vulnerability to COVID-19”), as well as those who are caretakers for persons with special vulnerability to COVID-19, already are eligible to vote absentee by mail. We hold that injunctive relief is not necessary with respect to such plaintiffs and persons. We instruct the State to ensure that appropriate guidance, consistent with the State’s acknowledged interpretation, is provided to Tennessee registered voters with respect to the eligibility of such persons to vote absentee by mail in advance of the November 2020 election.

Posted by: Karen Belcher on Aug 6, 2020

SUTTON, Circuit Judge. William Kozerski pleaded guilty to wire fraud after he obtained six government construction contracts by impersonating a disabled veteran. His Sentencing Guidelines range depends on how to calculate the “loss” for this crime. The district court treated the loss as the aggregate difference between Kozerski’s bids and the next-lowest bids, about $250,000. The government argues the loss amount should be the total value of the contracts without deducting the value of the services provided, about $12 million. We agree with the district court and affirm.

Posted by: Karen Belcher on Aug 6, 2020

On March 4, 2011, Charles Meriweather, Defendant, entered negotiated pleas of guilty to two Class B felony drug offenses and was sentenced to consecutive terms of twelve- years. The effective twenty-four-year sentence was also ordered to be served consecutively to a federal sentence. The judgments provided that the sentences would be served in a “community based alternative” and required Defendant to report to the community corrections officer within seventy-two hours of his release from federal custody. Defendant was arrested in 2018 on drug and weapons charges. Following a revocation hearing, the trial court revoked Defendant’s probation and ordered Defendant to serve his sentences in the Department of Correction. Defendant claims that the trial court abused its discretion in ordering his sentences to be served. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 6, 2020

The Petitioner, Alberto Conde-Valentino, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief, seeking relief from his convictions of first degree felony murder and especially aggravated robbery and resulting effective sentence of life in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Aug 5, 2020

LARSEN, Circuit Judge. Alfred Wingate was charged with multiple counts of federal robbery and firearm crimes in connection with a conspiracy to rob a bank and two pharmacies. After an eight-day jury trial, he was convicted on all counts. This court affirmed his conviction n direct appeal. Wingate then filed a § 2255 motion to vacate his sentence, asserting that his counsel was ineffective and that the federal bank robbery and pharmacy robbery statutes are not crimes of violence under 18 U.S.C. § 924(c)’s elements clause. The district court rejected both claims, and we AFFIRM.

Posted by: Karen Belcher on Aug 5, 2020

KETHLEDGE, Circuit Judge. During the 1930s, Winston Churchill was asked what Britain should do if Stanley Baldwin—then Lord President of the Privy Council, and a notorious advocate of appeasement—were to die in office. “Embalm, bury, and cremate,” Churchill answered. “Take no chances!” The plaintiff States advocate a similar tack for the “Clean Water Rule” here. Promulgated in 2015, the EPA and the Army Corps of Engineers (“the Agencies”) have since repealed the Rule, and more recently have replaced it with another. Yet the States now appeal the district court’s refusal to enjoin it as well. We dismiss the appeal as moot.

Posted by: Karen Belcher on Aug 5, 2020

PER CURIAM. Darius Thomas argues that, under our decision in United States v. Havis, 927 F.3d 382 (6th Cir. 2019) (en banc) (per curiam), the district court erred by sentencing him as a career offender under the Sentencing Guidelines. We reject his argument and affirm.


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